Anti-SLAPP Laws in Utah

At a glance

Requirements one by one

Coverage and exclusions

Utah Code § 78B-25-102(2) covers communications in government proceedings, communications on issues under government review, and constitutional expression on a matter of public concern. Subsection (3) excludes specified government and sale-related claims. Its definition of “goods or services” excludes creative, political, journalistic and artistic works (§ 78B-25-102(1)(a)).

Motion and stay

The motion is generally due within 60 days after service of a covered pleading, with a good-cause extension available (§ 78B-25-103). Filing stays other proceedings between the moving and responding parties, including discovery, subject to the exceptions in § 78B-25-104. The court ordinarily hears the motion within 60 days (§ 78B-25-105) and rules within 60 days of the hearing (§ 78B-25-108).

Dismissal and fees

The court must dismiss a covered claim or part of one with prejudice when no exemption is shown and the respondent lacks a prima facie case on each essential element, or the movant establishes failure to state a claim or entitlement to judgment as a matter of law (§ 78B-25-107(1)). A prevailing movant receives reasonable costs, fees and litigation expenses; a prevailing respondent receives them only if the motion was frivolous or filed solely to delay (§ 78B-25-110).

What trips people up

The Act gives a movant an appeal as of right from a denial in whole or part (§ 78B-25-109). That section invokes Utah's Appellate Rule 4. Its anti-SLAPP-specific paragraph, Rule 4(a)(2), requires the notice within 21 days after entry of the order, even though the rule's general appeal period is 30 days.

The chapter applies to actions filed or causes asserted on or after May 3, 2023 (§ 78B-25-113). The savings clause, amended in 2024, preserves pre-May 3 causes and motions under the earlier 2008 provisions (§ 78B-25-114).

Common questions

Can the motion target only part of a case? Yes. Section 78B-25-103 allows a motion to dismiss a cause of action or part of it.

Does a stay continue during an appeal? Generally yes. Section 78B-25-104(3) stays proceedings between all parties during an appeal, subject to the exceptions in that section.

Statutes and sources

• Utah Code § 78B-25-102 — “(1) As used in this section: (a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. (b) "Governmental unit" means a public corporation or government or governmental subdivision, agency, or instrumentality. (c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity. (2) Except as provided in Subsection (3), this chapter applies to a cause of action asserted in a civil action against a person based on the person's: (a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (c) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Utah Constitution, on a matter of public concern. (3) This chapter does not apply to a cause of action asserted: (a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (c) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S102.html (accessed 2026-10-06).

• Utah Code § 78B-25-103 — “Not later than 60 days after the day on which a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S103.html (accessed 2026-10-06).

• Utah Code § 78B-25-104(1)-(2), (4) — “(1) Except as provided in Subsections (4) through (7), on the filing of a motion under Section 78B-25-103: (a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under Section 78B-25-103. (2) A stay under Subsection (1) remains in effect until the day on which an order ruling on the motion under Section 78B-25-103 is entered and expiration of the time under Utah Rules of Appellate Procedure, Rule 4, for the moving party to appeal the order. (3) (a) Except as provided in Subsections (5) through (7), if a party appeals from an order ruling on a motion under Section 78B-25-103, all proceedings between all parties in the action are stayed. (b) A stay under Subsection (3)(a) remains in effect until the day on which the appeal concludes. (4) During a stay under Subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under Subsection 78B-25-107(1) and the information is not reasonably available unless discovery is allowed. (5) A motion under Section 78B-25-110 for costs, attorney fees, and expenses is not subject to a stay under this section. (6) A stay under this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action. (7) During a stay under this section, the court for good cause may hear and rule on: (a) a motion unrelated to the motion under Section 78B-25-103; and (b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S104.html (accessed 2026-10-06).

• Utah Code § 78B-25-105(1) — “The court shall hear a motion under Section 78B-25-103 not later than 60 days after the day on which the motion is filed, unless the court orders a later hearing: (a) to allow discovery under Subsection 78B-25-104(4); or (b) for other good cause.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S105.html (accessed 2026-10-06).

• Utah Code § 78B-25-107(1) — “In ruling on a motion under Section 78B-25-103, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies; (b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and (c) either: (i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or (ii) the moving party establishes that: (A) the responding party failed to state a cause of action upon which relief can be granted; or (B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S107.html (accessed 2026-10-06).

• Utah Code § 78B-25-108 — “The court shall rule on a motion under Section 78B-25-103 not later than 60 days after the day on which a hearing is held under Section 78B-25-105.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S108.html (accessed 2026-10-06).

• Utah Code § 78B-25-109 — “(1) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under Section 78B-25-103. (2) The appeal shall be filed in accordance with Utah Rules of Appellate Procedure, Rule 4.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S109.html (accessed 2026-10-06).

• Utah Code § 78B-25-110 — “On a motion under Section 78B-25-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S110.html (accessed 2026-10-06).

• Utah Code § 78B-25-113 — “This chapter applies to a civil action filed or cause of action asserted in a civil action on or after May 3, 2023.” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S113.html (accessed 2026-10-06).

• Utah Code § 78B-25-114 — “This chapter does not affect a cause of action asserted before May 3, 2023, in a civil action or a motion under Laws of Utah 2008, Chapter 3, Sections 1087 and 1088, regarding the cause of action. Amended by Chapter 381, 2024 General Session” Source: https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S114.html (accessed 2026-10-06).

• Utah R. App. P. 4(a)(2) — “(2) When an order is entered denying, in whole or in part, a motion to dismiss under Utah Code section 78B-25-103, the notice of appeal must be filed with the clerk of the trial court within 21 days after the date of entry of the order appealed from.” Source: https://legacy.utcourts.gov/rules/view.php?type=urap&rule=4 (accessed 2026-10-06).